If we deny certification of your international application, you can request a review of that decision by filing a petition to review the denial. If we grant your petition, we'll reinstate your international application, certify it, and forward it to the International Bureau to continue the international registration process.
Use the TEAS petition form
You must file a Petition to Director to Review Denial of Certification of an International Application online through the Trademark Electronic Application System (TEAS).
Follow the instructions in the form to include a statement of the relevant facts, complete the supporting declaration embedded in the form, and attach any relevant evidence as a JPG or PDF file.
Denial of certification due to errors in basic application or registration
If the reason for the denial of certification was incorrect data in your basic application or registration, but the information in your international application was accurate, you must correct the mistakes in your basic application or registration before you file your petition.
For example, if you received a denial of certification because the owner name is correct in your international application but incorrect in your basic application or registration, you must fix the incorrect ownership information in your basic application or registration before petitioning. Please review the information about how to fix errors in a pending application or a registration.
Denial of certification due to errors in your international application
If an error in your international application caused the denial of certification, you must fill out a substitute international application form that corrects the error and attach it to your petition.
For example, if your international application was denied certification because the goods or services listed are beyond the scope of those identified in your basic application or registration, you must correct the discrepancy by completing a substitute MM2 form that lists only goods or services within the scope of your basic application or registration.
To submit your substitute international application, download and complete the MM2 form from the WIPO website, located under the "Additional downloadable forms" dropdown. Ensure all information in your substitute MM2 is identical to the information in your basic application or registration. We won’t accept a substitute MM2 with errors. You must attach the completed MM2 form with the correct information to your petition as a JPG or PDF file. If the petition is granted, the substitute MM2 form will be certified and sent to the International Bureau.
Deadlines
Filing a Petition to Director doesn't extend any of the International Bureau's deadlines for your international application, so you should file your petition as soon as possible after you receive a denial of certification. Filing early and responding quickly to any notices or requirements helps you preserve your filing date and any priority filing date claims in your international application.
If we grant your petition, the international registration date will be the original filing date of your international application if it is received by the International Bureau within two months of the original filing date. Otherwise, the international registration date will be the date the international application is received by the International Bureau.
We recommend that you allow at least three to four weeks for us to process your petition and, if granted, forward your international application to the International Bureau.
Keep in mind that the USPTO petition filing date is based on Eastern Time. For example, if you filed at 9:01 p.m. PT on Tuesday evening, we would consider it received at 12:01 a.m. ET on Wednesday morning.
If you need to submit a Petition to Director to review denial of certification, and a TEAS outage is preventing you from filing, you may file your petition using an alternative method.
Fees
You must pay the required petition fee when submitting your petition. In most cases, the fee is not refundable. We will, however, refund the petition fee if:
- We find that the denial of certification was issued in error.
- You withdraw your petition before we issue a decision.
You must also pay a new certification fee if your petition adds new classes of goods or services or additional basic applications or registrations.
Payment and refund of international fee
If you initially paid the international fee for your application to the USPTO, and then your application is denied certification, we immediately begin processing a refund of the international fee, regardless of your petition to review the denial of certification.
If your petition to review a denial of certification is then granted, your international application will be reinstated, certified, and sent to the International Bureau without the international fee. You’ll receive a notice of irregularity from the International Bureau requiring you to pay the necessary fees directly to WIPO.
If your petition to review is denied
If we deny your petition, but you still want an international registration, your only option is to file a new international application with the USPTO that corrects the errors that caused the denial of certification.